Hampshire County Council Item 9

11 May 2006

Proportionality, Appointments and Policy Review Committee Terms of Reference

Report of the Chief Executive

Contact: David Hinxman, Head of Democratic Services; ext: 7339,

e-mail:[email protected]

1. Summary

1.1 This report concerns various matters relating to proportionality and appointments and the opportunity is also taken to seek the Council's approval to new terms of reference for the Policy Review Committees(PRCs).

2. Proportionality

2.1 Part 1 of the Local Government and Housing Act 1989 requires the County Council each year to review proportionality on committees. The target date for implementing the new democratic arrangements is 1 October 2006 and the proportionality table for the committees and panels continuing until then but including the Scrutiny Coordination Panel which needs to begin its work now is as follows. The table does not include the Statement of Accounts Panel whose function it is proposed should be subsumed by the Governance Committee. The full proportionality table on this basis is Appendix 1 to this report:-

Total Seats	Conservative	Liberal Democrat	Labour
191	115	66	10

2.2.1 Proportionality issues arising from the rationalisation of proportionate advisory panels following the Democratic Review are dealt with in paragraph 4.1 and Appendix 2 which shows the committees and panels to be retained after 1 October.

3. Chairmen and Vice-Chairmen of Committees

3.1 Standing Order 34 (b) requires the Council, at its Annual Meeting to appoint the Chairman and a Vice-Chairman for every committee of the Council, all of whom shall be members of the Council. The Council agreed in January 2006 that the Scrutiny Coordination Panel should comprise the five PRC chairmen and the chairman of the Health Overview and Scrutiny Committee with proportionate minority group membership. It also proposed that where a PRC chairman is unable to attend the respective vice chairman should deputise. The existing arrangements are:

Committee	Chairman	Vice-Chairman
Scrutiny Coordination Panel	-	-
Policy and Resources Scrutiny and Select Cttee	Cllr Kendal	Cllr Bryant
Children's Services PRC	Cllr Mrs Leversha	Cllr Mrs West
Environment PRC	Cllr Hutcheson	Cllr Mrs Devereux
Recreation and Heritage PRC	Cllr Chapman	Cllr Rice
Adult Social Care PRC	Cllr McIntosh	Cllr Gale
Health Review Committee	Cllr Ellis	Cllr Mrs McNair Scott
Regulatory Committee	Cllr Heath	Cllr Mrs Devereux
Standards Committee	Cllr Bryant	Cllr Kimber
Governance Committee	Cllr Thornber	Cllr Knight
Employment in Hampshire County Council Committee	Cllr Thornber	Cllr Ellis
Pension Fund Panel	Cllr Thornber	Cllr Cartwright
Buildings, Land and Procurement Panel	Cllr Woodhall	Cllr Davidovitz
River Hamble Harbour Board	Cllr Knight	-
River Hamble Harbour Management Committee	Cllr Ellis	Cllr Woodward
Youth Panel	Cllr Mrs Heron	Cllr Edgar
SEN Panel	Clr Mrs McNair Scott	Cllr Cartwright
Schools Monitoring Panel	Cllr Kimber	Cllr Mrs Byrom
SACRE	Mr Juniper	Cllr Kirk

4 Policy Review Committees - size and terms of reference

4.1 In relation to the changing style of the Policy Review Committees, all non-Executive members of the County Council have been canvassed as to their preferences in the light of the draft terms of reference. PRCs of 12 members have been mooted previously and a possible proportionality table on that basis is attached as Appendix 2 taking into account the requirement for the majority group to have a majority of seats in every case and the special position of the Children's Services PRC and its voting coopted members. Discussions are currently underway with the other coopted members as to representational arrangements and any proposals for change will be brought to the Council. Members of the Governance Committee have been consulted on the draft terms of reference which were circulated at the previous meeting of the Council and their views are awaited. The draft terms of reference for the new, cross-cutting PRCs are attached as Appendix 3. These have previously been considered in depth by the cross party members working group which included PRC chairmen and are, in effect, their proposals. The terms of reference are recommended for approval subject to the views of Governance Committee members.

4.2 To progress towards full implementation from 1 October the Scrutiny Coordination Panel needs to start its work straightaway including piloting operational arrangements to assist the development of working scrutiny protocols across the board. The September PRC dates would be used to brief members of the new committees so that they can begin to make a difference from 1 October.

RECOMMENDATION

a) That the proportionality table at Appendix 1 to this report be approved to apply until 30 September 2006;

b) That the proportionality table at Appendix 2, to take effect from 1 October 2006, be considered together with the names and sizes of the committees and, if approved, that Part 1: Chapter 6 of the Constitution be revised accordingly;

c) That the role and function of the Governance Committee set out in Part 1: Chapter 10 of the Constitution be revised by the addition of the role and function of the Statement of Accounts Panel, namely to approve the County Council's statement of accounts should it not prove possible to complete the statement for submission to the
County Council within the Government's required timescale;

d) That chairmen and vice-chairmen of committees and advisory panels be appointed and that, in relation to the Scrutiny Coordination Panel, the vice chairman of a PRC be authorised to attend in the event that the respective PRC chairman is unable to;

e) That, subject to the views of the members of the Governance Committee, the terms of reference of the PRCs be as set out in Appendix 3 to this report;

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes

1. Published works.
2. Documents which disclose exempt or confidential information as defined in the Act.

TITLE FILE

None.

Proportionality table as at 11 May 2006: Appendix 1

* appointed by Environment Executive

** appointed by Health Overview and Scrutiny Committee

Appendix 2

Draft proportionality table as at 11 May 2006 for 1 October 2006 implementation:

* appointed by Environment Executive

** appointed by Health Overview and Scrutiny Committee

Appendix 3

Policy Review Committees - Draft Terms of Reference

Scrutiny Coordination Panel:

· To ensure resources of the scrutiny function are being effectively targeted

· To ensure the outputs and outcomes of Scrutiny are having impact and being evaluated

· To prioritise topics for scrutiny task & finish groups (thematic reviews) to create an annual work programme.

· To identify where each thematic review on the work programme should be ratified.

· To provide an annual report to Full Council outlining the effectiveness, outcomes and learning of the scrutiny function (i.e. PRCs and overall work programme).

Policy and Resources:

· How policies, services and decisions ensure effective use and management of all resources; how effectively is cross-cutting / corporate policy developed, implemented and evaluated.

_ Efficiency; Human Resources; Partnership working (internal & external); Procurement; Asset management; Information management (including records management); Communication; Use of IT; Health and Safety; Corporate policy and performance; Business Units.

_ Departments:

_ Chief Executives (including Human Resources)

_ Treasurers

_ Property Business and Regulatory Services (PBRS) (Property and Business particularly)

_ IT Services

_ Recreation and Heritage (Records Management)

_ Potentially whole organisation as a corporate entity

· Children and Young People

How needs and interests of children and young people are met by all departments, policies, services and decisions

_ Universal, targeted and specialist services for children and young people: prevention and management of risk; social care; children's and young people's wellbeing; education - supporting and enabling learning for all children and young people; internal and external partnership working re children and young people (i.e. Recreation and Heritage / Adult Services); supporting parents and families.

_ Departments:

_ Children's Services

_ Recreation and Heritage

_ Any other Department doing work with or impacting on Children or Young People

· Safe and Healthy People:

How policies, services and decisions support safe, well, independent, and continuously developing people (adults and older persons)

_ The three elements and seven outcomes of the Wellbeing agenda for adults; crime prevention; crime and disorder; adult social care; promoting independence and quality of life for older people, healthy and safe families; Regulatory Services

_ Departments:

_ Adult Services

_ Chief Executives

_ Recreation and Heritage

_ PBRS (particularly Regulatory Services)

_ Any other relevant functions in other Departments

· Culture and Communities:

How policies, services and decisions support thriving culture and sustainable, inclusive communities

_ Culture and recreation; heritage; economic development; community development; developing sustainable communities; supporting diversity and inclusion; community engagement and consultation; lifelong learning for adults

_ Departments:

_ Recreation and Heritage

_ Chief Executive's

_ Adult Services

_ Environment

_ Any other relevant functions in other Departments

· Environment and Transportation:

How policies, services and decisions support a positive and sustainable environment, accessibility to services for all and effective management of natural resources

_ Passenger transport; transport policy; road infrastructure; access; protection of the environment; sustainable development; climate change; land management; waste management.

_ Departments:

_ Environment

_ Recreation and Heritage

_ Children's Services

_ Adult Services

_ PBRS